ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 314 of 2018

 

Priority case

1.     For orders on office objection at flag ‘A’

2.     For orders on MA No.5707/2018

3.     For hearing of main case

4.     For hearing of MA No.2298/2018 (S/A)

 

21.01.2019

Mr. Shewak Ram Valeecha Advocate for the applicant

Mr. Ayaz Ahmed Noonari Advocate for respondent No.2

Syed Sardar Ali Shah, DPG for the State

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Irshad Ali Shah, J;- The applicant by way of instant criminal miscellaneous application under Section 561-A, Cr.P.C has impugned order dated 14.04.2018 passed by learned Ex-Officio Justice of Peace/Vth. Additional Sessions Judge Sukkur, on application under Section 22-A and B Cr.P.C, whereby he has directed SHO Police Station Airport to record statement of the private respondent u/s 154 Cr.P.C

 2.       The operative part of the impugned order reads as under;

“I therefore direct the applicant to appear before the concerned police station for recording the statement u/s 154 Cr.P.C. SHO P.S concerned is further directed that after recording the statement u/s 154 Cr.P.C, if the cognizable offence is made out then the action should be taken in accordance with law.”

 

3.        The facts in brief necessary for disposal of instant criminal miscellaneous application are that as per the private respondent the proposed accused by committing trespass in her house robbed her of her belonging as are detailed in her application by way of maltreatment and then went away by committing criminal intimidation and mischief, for that her FIR was not recorded by SHO P.S Airport, therefore, she sought for direction against SHO P.S Airport for recording her FIR, which was issued accordingly by way of order dated 14.4.2018 which the applicant has impugned before this Court by way of instant criminal miscellaneous application, as stated above.

4.        It is contended by learned counsel for the applicant that no incident as alleged by the private respondent has taken place and she in order to satisfy her enmity with applicant and others has sought for issuance of direction against SHO P.S Airport to record her FIR without any lawful justification. By contending so, he sought for setting aside of the impugned order.

5.        Learned counsel for the private respondent and learned AAG for the State by supporting the impugned order have sought for dismissal of the instant criminal miscellaneous application by contending that the applicant has committed a cognizable offence.

6.        I have considered the above arguments and perused the record.

7.        The allegation which is levelled by private respondent against the applicant and others is that of robbery by way of maltreatment which constitutes a cognizable offence. The parties may be disputed but such dispute may not be a reason with the private respondent to involve the applicant and others in a false case. In that situation, learned Ex-Officio Justice of Peace/Vth. Additional Sessions Judge Sukkur was right to order SHO P.S Airport to record statement of private respondent u/s 154 Cr.P.C, if the applicant is having a feeling that he is being involved in a false case by the private respondent then he could prove his innocence by joining the investigation.

8.        In view of above, it could be concluded safely that impugned order is not calling for any interference by this Court by way of instant criminal miscellaneous application. It is dismissed accordingly.

 

Judge

 

ARBROHI